The Employment and Labour Relations Court has declined to stop the ongoing interviews for the position of Chief Executive Officer (CEO) of the Ethics and Anti-Corruption Commission (EACC), a recruitment process that has drawn sharp criticism and legal challenges from some applicants.
Justice Byrum Ongaya ruled on Tuesday, November 19, that the application filed by five petitioners lacked merit, paving the way for the interviews to continue as scheduled. The interviews, which began on November 19, are slated to end on Thursday, November 23.
Petitioners’ Allegations
The application was filed by David Too, Elijah Oluoch, Ali Mohamed, Sandra Mwita, and Wilfred Barasa, who are also among the 14 shortlisted candidates vying for the role. They alleged that the process of shortlisting candidates was marred by procedural improprieties designed to favor certain applicants, particularly employees of the EACC.
The petitioners claimed that out of the 14 shortlisted candidates, four were current employees of the EACC, giving them an unfair advantage over other applicants. They argued that the process failed to adhere to section 16 of the EACC Act, which requires a transparent, competitive, and independent recruitment process.
According to the petitioners, the commission did not engage independent professional experts to oversee the shortlisting, thereby undermining the credibility of the process.
Court’s Decision
Justice Ongaya dismissed the petitioners’ request to halt the interviews, stating that their claims were unsubstantiated. He emphasized that there was no justification to disrupt the recruitment process at its advanced stage, particularly when 172 applicants had already been screened to produce the final 14 candidates.
Recruitment Process
The EACC began the process to replace outgoing CEO Twalib Mbarak with an advertisement for the position on September 17, 2024. Mbarak, who has led the commission since January 2019, is set to retire on January 19, 2025, after completing his six-year term.
The 14 shortlisted candidates include:
- Stephen Ngowa
- Doreen Muthaura
- Jackson Mue
- Joseph Onyango
- Paul Maina
- Victor Okongo
- Peter Lomulen
- Obadiah Keitany
- John Ole Moyaki
- David Too
- Abdi Mohamud
- Justus Mwangi
- Mohamed Mmaka
- Waweru Karanja
These candidates are undergoing interviews conducted by the commission to determine the most suitable person for the role.
The petitioners’ challenge underscores the broader concerns about transparency and fairness in public recruitment processes. Section 16 of the EACC Act mandates that the selection of the commission’s secretary must be conducted in an open and competitive manner, with final approval by the National Assembly.
Critics argue that failure to involve independent bodies in recruitment could erode public confidence in the EACC, an institution tasked with combating corruption. The commission, however, maintains that it has adhered to all legal and procedural requirements in its selection process.
The position of EACC CEO is a critical one, as the officeholder is responsible for steering Kenya’s anti-corruption agenda. Mbarak’s successor will inherit a challenging mandate of tackling entrenched graft in the public and private sectors.
The controversy surrounding the recruitment process has brought the commission’s internal workings under scrutiny, potentially impacting its reputation at a time when public trust in anti-corruption efforts is paramount.
As the interviews proceed to conclusion, the court’s decision signals the importance of maintaining the integrity of recruitment processes while balancing legal scrutiny with operational efficiency. The outcome of this recruitment will not only determine the future leadership of the EACC but also set a precedent for how public appointments are handled in Kenya.
